Lokpal draft: Supreme Court fine with civil society role

Refusing to entertain a writ petition challenging involvement of civil society in the drafting of Lokpal Bill, the Supreme Court has held that it cannot interfere as the government can have discussions with different constituents on a proposed enactment.
A bench of justices P Sathasivam and AK Patnaik said the Lokpal Bill is still under discussion and there is no need to interfere at this stage.

“It is still under discussion. Why should we discuss it here at this stage? Let them (drafting panel) solve it first, then it would come before us,” the judges told petitioner ML Sharma who was anxious to have the drafting process stalled.

Sharma sought to restrain the government from circulating the draft of the proposed bill among parliamentarians.
Dispelling Sharma’s impression that lawmakers can’t discuss the draft bill, the judges said, “It is the right of the parliamentarians to discuss the draft bill.’’

The petitioner argued that the process adopted by the government for drafting an important anti-corruption law is against the established law.

“Do you think that the draft would be made law before Monday? We do not know when it would be solved. If it is solved, then we are ready to sit on Saturday,” the court said in a bid to pacify him.
Sharma’s petition said that the Joint Drafting Committee was not a legal advisory committee but is a parallel committee for consideration of a civil society petition on Lokpal Bill. “Civil society petition committee is deciding policy and preparing the final report with pre-consent of the members of parliament to put it in the House. .... it cannot be said to be an advisory committee by any stretch of law,” it added.